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Holbeach Plant Hire Ltd ; and HPH-Mitchell Joint Venture v Anglian Water Authority

Language: English Series: Construction Industry Law Letter ; (1988) JPL 448(1)Publication details: 1988Subject(s): Summary: ORC 18 January 1988 Appeal from arbitration award on the issue whether the claimants could claim interest on sums certified late as special damages . Arbitrator concluded that in order to succeed the claimants had to establish an entitlement to special damages, and that financing charges were a normal part of most building contracts and so must be deemed to be within the parties` contemplation as a natural result in the ordinary course of things from any breach of contract. On that basis they only entitle the claimant to general damages which cannot include interest. Claimants contended that arbitrator was wrong in holding that financial charges only entitled the injured party to general damages and that particulars of special facts had to be pleaded. ORC held that the arbitrator had adopted the wrong criterion and accordingly the arbitration was remitted back to him.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS40095 (Browse shelf(Opens below)) 1 Available 21437-1001

ORC 18 January 1988 Appeal from arbitration award on the issue whether the claimants could claim interest on sums certified late as special damages . Arbitrator concluded that in order to succeed the claimants had to establish an entitlement to special damages, and that financing charges were a normal part of most building contracts and so must be deemed to be within the parties` contemplation as a natural result in the ordinary course of things from any breach of contract. On that basis they only entitle the claimant to general damages which cannot include interest. Claimants contended that arbitrator was wrong in holding that financial charges only entitled the injured party to general damages and that particulars of special facts had to be pleaded. ORC held that the arbitrator had adopted the wrong criterion and accordingly the arbitration was remitted back to him.